83 FR 9862 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan for the Coastal California Gnatcatcher and Associated Documents; Santee, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 46 (March 8, 2018)

Page Range		9862-9863
FR Document		2018-04654

We, the U.S. Fish and Wildlife Service, have received an application from Calvary Church Santee for a 3-year incidental take permit for the threatened coastal California gnatcatcher pursuant to the Endangered Species Act, as amended. We are requesting comments on the permit application and on our preliminary determination that the applicant's accompanying proposed habitat conservation plan (HCP) qualifies as low effect, eligible for a categorical exclusion under the National Environmental Policy Act. The basis for this determination is discussed in our environmental action statement (EAS) and associated low-effect screening form, which are also available for public review.

Federal Register, Volume 83 Issue 46 (Thursday, March 8, 2018)

[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9862-9863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04654]



[[Page 9862]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N002; FXES11140800000-178-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan for 
the Coastal California Gnatcatcher and Associated Documents; Santee, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from Calvary Church Santee for a 3-year incidental take 
permit for the threatened coastal California gnatcatcher pursuant to 
the Endangered Species Act, as amended. We are requesting comments on 
the permit application and on our preliminary determination that the 
applicant's accompanying proposed habitat conservation plan (HCP) 
qualifies as low effect, eligible for a categorical exclusion under the 
National Environmental Policy Act. The basis for this determination is 
discussed in our environmental action statement (EAS) and associated 
low-effect screening form, which are also available for public review.

DATES: Written comments should be received on or before April 9, 2018.

ADDRESSES: 
    Submitting Comments: You may submit comments by one of the 
following methods:
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
     Fax: Field Supervisor, 760-431-9624.
     Email: [email protected]; please include ``Calvary 
Chapel Santee HCP'' in the subject line.
    Obtaining Documents: You may obtain copies of the proposed HCP and 
EAS on the Carlsbad Fish and Wildlife's website at https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html. To request copies of the application, 
proposed HCP, and EAS, contact the Service by telephone at 760-431-9440 
or by letter to the Carlsbad Fish and Wildlife Office (see above). 
Copies of the proposed HCP and EAS also are available for public 
inspection during regular business hours at the Carlsbad Fish and 
Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-431-9440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Relay Service (FRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Calvary Church Santee 
(applicant) for a 3-year incidental take permit for one covered species 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (16 U.S.C. 1531 et seq.; ESA). The application addresses the 
potential ``take'' of the threatened coastal California gnatcatcher 
(Polioptila californica californica; gnatcatcher) in the course of 
activities associated with expansion of the existing facilities at the 
Calvary Chapel Santee, in the City of Santee, San Diego County, 
California. A conservation program to avoid, minimize, and mitigate for 
project activities would be implemented as described in the applicant's 
proposed habitat conservation plan (HCP).
    We are requesting comments on the permit application and on our 
preliminary determination that the proposed HCP qualifies as a low-
effect HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; 
NEPA). The basis for this determination is discussed in our EAS and 
associated low-effect screening form, which are also available for 
public review.

Background

    Section 9 of the ESA and its implementing Federal regulations 
prohibit the take of animal species listed as endangered or threatened. 
``Take'' is defined under the ESA as to ``harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect [listed animal species], 
or to attempt to engage in such conduct'' (16 U.S.C. 1538). ``Harm'' 
includes significant habitat modification or degradation that actually 
kills or injures listed wildlife by significantly impairing essential 
behavioral patterns such as breeding, feeding, or sheltering (50 CFR 
17.3). However, under section 10(a) of the ESA, the Service may issue 
permits to authorize incidental take of listed species. ``Incidental 
taking'' is defined by the ESA implementing regulations as taking that 
is incidental to, and not the purpose of, carrying out an otherwise 
lawful activity (50 CFR 17.3). Regulations governing incidental take 
permits for endangered and threatened species, respectively, are found 
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Applicant's Proposed Project

    The project is located on a 3.38-acre property in the City of 
Santee in San Diego County, California. The applicant requests a 3-year 
permit under section 10(a)(1)(B) of the ESA. If we approve the permit, 
the applicant anticipates taking gnatcatcher as a result of permanent 
impacts to 1.16 acres (ac) of coastal sage scrub habitat that the 
species uses for breeding, feeding, and sheltering. The take would be 
incidental to the applicant's activities associated with removal of a 
modular building and construction of an assembly building in the City 
of Santee, California, and includes conservation and in-perpetuity 
management of 1.76 ac of gnatcatcher habitat off site.
    To minimize take of coastal California gnatcatcher by the Calvary 
Chapel Santee project and to offset impacts to its habitat, the 
applicant proposes to mitigate for permanent impacts to 1.16 ac of 
occupied gnatcatcher coastal sage scrub habitat through the 
conservation and in-perpetuity management of 1.76 ac of coastal sage 
scrub occupied by the gnatcatcher. The applicant's proposed HCP also 
contains the following proposed measures to minimize the effects of 
construction activities on the gnatcatcher:
     Prior to the initiation of work activities on the project 
sites, grading limits will be clearly delineated with flagging and/or 
temporary fencing and silt fencing, as necessary, to help guide work 
activities and avoid impacts to areas beyond the project boundaries.
     Prior to the initiation of work activities on the project 
sites, a Service-approved biologist will conduct a brief training 
session for all project personnel regarding the conservation measures 
and regulations described herein, as well as general information and 
methods that will help avoid and minimize disturbance to the 
gnatcatcher in the vicinity of project activities.
     Vegetation clearing will take place outside of the bird 
nesting season (February 15 through August 31) to the fullest extent 
practicable. Clearing may only occur during this period once a 
biologist has conducted surveys of the impact areas for nesting birds 
within 3 days of work activities. The qualified biologist will document 
compliance with applicable State regulations that protect nesting 
birds. If an active bird nest is observed, a 300-foot buffer must be 
established, within which no project activities will occur until the 
nest is no longer active. A reduced buffer may be

[[Page 9863]]

established with concurrence from the Service and the California 
Department of Fish and Wildlife if it is deemed appropriate and will 
not result in the alteration of nesting behaviors.
     Project-related landscaping will not include potentially 
invasive non-native plants.
     Lighting from the project site will not spill over into 
adjacent undisturbed native habitat.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to the gnatcatcher. If we 
approve the permit, take of gnatcatcher would be authorized for the 
applicant's activities associated with the construction of the Calvary 
Chapel Santee project. In the proposed HCP, the applicant considers the 
No Action Alternative. Under the No Action Alternative, no incidental 
take of coastal California gnatcatcher resulting from habitat 
modification would occur, and no long-term protection and management 
would be afforded to the species. The No Action Alternative would not 
meet the primary goal of the proposed Project, which is to accommodate 
the existing church members and alleviate current overcrowded 
conditions. The parcel size is too small to accommodate alternate 
development configurations that would avoid incidental take.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the HCP and issuance of an incidental take permit qualify for 
categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided 
by the Department of the Interior implementing regulations in part 46 
of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, 
and 46.215), and that the HCP qualifies as a low-effect plan as defined 
by the Habitat Conservation Planning Handbook (December 2016).
    We base our determination that a HCP qualifies as a low-effect plan 
on the following three criteria:
    (1) Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    (2) Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    (3) Impacts of the HCP, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the ESA (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the ESA by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of gnatcatcher.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    We provide this notice under section 10 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2018-04654 Filed 3-7-18; 8:45 am]
 BILLING CODE 4333-15-P

9862 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices

DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Ms. found in the Code of Federal
Karen Goebel, Assistant Field Regulations at 50 CFR 17.22 and 50 CFR
Fish and Wildlife Service Supervisor, Carlsbad Fish and Wildlife 17.32.
Office (see ADDRESSES); telephone: 760–
[FWS–R8–ES–2018–N002; Applicant’s Proposed Project
431–9440. If you use a
FXES11140800000–178–FF08ECAR00] The project is located on a 3.38-acre
telecommunications device for the deaf
(TDD), please call the Federal Relay property in the City of Santee in San
Endangered and Threatened Wildlife
Service (FRS) at 800–877–8339. Diego County, California. The applicant
and Plants; Incidental Take Permit
requests a 3-year permit under section
Application; Proposed Low-Effect SUPPLEMENTARY INFORMATION: We, the
10(a)(1)(B) of the ESA. If we approve the
Habitat Conservation Plan for the U.S. Fish and Wildlife Service (Service),
permit, the applicant anticipates taking
Coastal California Gnatcatcher and have received an application from
gnatcatcher as a result of permanent
Associated Documents; Santee, Calvary Church Santee (applicant) for a
impacts to 1.16 acres (ac) of coastal sage
California 3-year incidental take permit for one
scrub habitat that the species uses for
covered species pursuant to section breeding, feeding, and sheltering. The
AGENCY: Fish and Wildlife Service, 10(a)(1)(B) of the Endangered Species
Interior. take would be incidental to the
Act of 1973, as amended (16 U.S.C. 1531 applicant’s activities associated with
ACTION: Notice of availability; request et seq.; ESA). The application addresses
for comments. removal of a modular building and
the potential ‘‘take’’ of the threatened construction of an assembly building in
coastal California gnatcatcher (Polioptila the City of Santee, California, and
SUMMARY: We, the U.S. Fish and californica californica; gnatcatcher) in
Wildlife Service, have received an includes conservation and in-perpetuity
the course of activities associated with management of 1.76 ac of gnatcatcher
application from Calvary Church Santee expansion of the existing facilities at the
for a 3-year incidental take permit for habitat off site.
Calvary Chapel Santee, in the City of To minimize take of coastal California
the threatened coastal California Santee, San Diego County, California. A
gnatcatcher pursuant to the Endangered gnatcatcher by the Calvary Chapel
conservation program to avoid, Santee project and to offset impacts to
Species Act, as amended. We are minimize, and mitigate for project
requesting comments on the permit its habitat, the applicant proposes to
activities would be implemented as mitigate for permanent impacts to 1.16
application and on our preliminary described in the applicant’s proposed
determination that the applicant’s ac of occupied gnatcatcher coastal sage
habitat conservation plan (HCP). scrub habitat through the conservation
accompanying proposed habitat
We are requesting comments on the and in-perpetuity management of 1.76
conservation plan (HCP) qualifies as low
permit application and on our ac of coastal sage scrub occupied by the
effect, eligible for a categorical
preliminary determination that the gnatcatcher. The applicant’s proposed
exclusion under the National
proposed HCP qualifies as a low-effect HCP also contains the following
Environmental Policy Act. The basis for
HCP, eligible for a categorical exclusion proposed measures to minimize the
this determination is discussed in our
under the National Environmental effects of construction activities on the
environmental action statement (EAS)
Policy Act of 1969, as amended (42 gnatcatcher:
and associated low-effect screening
form, which are also available for public
U.S.C. 4321 et seq.; NEPA). The basis for • Prior to the initiation of work
this determination is discussed in our activities on the project sites, grading
review.
EAS and associated low-effect screening limits will be clearly delineated with
DATES: Written comments should be form, which are also available for public flagging and/or temporary fencing and
received on or before April 9, 2018. review. silt fencing, as necessary, to help guide
ADDRESSES: work activities and avoid impacts to
Submitting Comments: You may Background
areas beyond the project boundaries.
submit comments by one of the Section 9 of the ESA and its • Prior to the initiation of work
following methods: implementing Federal regulations activities on the project sites, a Service-
• U.S. Mail: Field Supervisor, Fish prohibit the take of animal species listed approved biologist will conduct a brief
and Wildlife Service, Carlsbad Fish and as endangered or threatened. ‘‘Take’’ is training session for all project personnel
Wildlife Office, 2177 Salk Avenue, Suite defined under the ESA as to ‘‘harass, regarding the conservation measures
250, Carlsbad, CA 92008. harm, pursue, hunt, shoot, wound, kill, and regulations described herein, as
• Fax: Field Supervisor, 760–431– trap, capture, or collect [listed animal well as general information and
9624. species], or to attempt to engage in such methods that will help avoid and
• Email: fw8cfwocomments@fws.gov; conduct’’ (16 U.S.C. 1538). ‘‘Harm’’ minimize disturbance to the gnatcatcher
please include ‘‘Calvary Chapel Santee includes significant habitat modification in the vicinity of project activities.
HCP’’ in the subject line. or degradation that actually kills or • Vegetation clearing will take place
Obtaining Documents: You may injures listed wildlife by significantly outside of the bird nesting season
obtain copies of the proposed HCP and impairing essential behavioral patterns (February 15 through August 31) to the
EAS on the Carlsbad Fish and Wildlife’s such as breeding, feeding, or sheltering fullest extent practicable. Clearing may
website at https://www.fws.gov/ (50 CFR 17.3). However, under section only occur during this period once a
carlsbad/HCPs/HCP_Docs.html. To 10(a) of the ESA, the Service may issue biologist has conducted surveys of the
request copies of the application, permits to authorize incidental take of impact areas for nesting birds within 3
proposed HCP, and EAS, contact the listed species. ‘‘Incidental taking’’ is days of work activities. The qualified
sradovich on DSK3GMQ082PROD with NOTICES

Service by telephone at 760–431–9440 defined by the ESA implementing biologist will document compliance
or by letter to the Carlsbad Fish and regulations as taking that is incidental with applicable State regulations that
Wildlife Office (see above). Copies of to, and not the purpose of, carrying out protect nesting birds. If an active bird
the proposed HCP and EAS also are an otherwise lawful activity (50 CFR nest is observed, a 300-foot buffer must
available for public inspection during 17.3). Regulations governing incidental be established, within which no project
regular business hours at the Carlsbad take permits for endangered and activities will occur until the nest is no
Fish and Wildlife Office. threatened species, respectively, are longer active. A reduced buffer may be

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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices 9863

established with concurrence from the result, over time, in cumulative effects DEPARTMENT OF THE INTERIOR
Service and the California Department to environmental values or resources
of Fish and Wildlife if it is deemed that would be considered significant. Fish and Wildlife Service
appropriate and will not result in the Based upon this preliminary [FWS–R6–ES–2017–N174;
alteration of nesting behaviors. determination, we do not intend to FXES11130600000–189–FF06E00000]
• Project-related landscaping will not
include potentially invasive non-native prepare further NEPA documentation.
U.S. Endangered Species; Receipt of
plants. We will consider public comments in
Recovery Permit Applications
• Lighting from the project site will making the final determination on
not spill over into adjacent undisturbed whether to prepare such additional AGENCY: Fish and Wildlife Service,
native habitat. documentation. Interior.
ACTION: Notice of receipt of permit
Proposed Action and Alternatives Next Steps applications; request for comments.
The Proposed Action consists of the We will evaluate the proposed HCP
issuance of an incidental take permit SUMMARY: We, the U.S. Fish and
and comments we receive to determine Wildlife Service, invite the public to
and implementation of the proposed whether the permit application meets
HCP, which includes measures to avoid, comment on applications for permits to
the requirements and issuance criteria conduct activities intended to enhance
minimize, and mitigate impacts to the under section 10(a) of the ESA (16
gnatcatcher. If we approve the permit, the propagation or survival of
U.S.C. 1531 et seq.). We will also endangered species. With some
take of gnatcatcher would be authorized
evaluate whether issuance of a section exceptions, the Endangered Species Act
for the applicant’s activities associated
with the construction of the Calvary 10(a)(1)(B) incidental take permit would of 1973, as amended (ESA), prohibits
Chapel Santee project. In the proposed comply with section 7 of the ESA by activities that constitute take of listed
HCP, the applicant considers the No conducting an intra-Service species unless a Federal permit is issued
Action Alternative. Under the No consultation. We will use the results of that allows such activity. The ESA also
Action Alternative, no incidental take of this consultation, in combination with requires that we invite public comment
coastal California gnatcatcher resulting the above findings, in our final analysis before issuing these permits.
from habitat modification would occur, to determine whether or not to issue a DATES: We must receive your written
and no long-term protection and permit. If the requirements and issuance comments by April 9, 2018.
management would be afforded to the criteria under section 10(a) are met, we ADDRESSES:
species. The No Action Alternative will issue the permit to the applicant for Document availability: Documents
would not meet the primary goal of the incidental take of gnatcatcher. and other information submitted with
proposed Project, which is to the applications are available for review,
Public Comments subject to the requirements of the
accommodate the existing church
members and alleviate current Privacy Act (5 U.S.C. 552a) and
If you wish to comment on the permit
overcrowded conditions. The parcel size Freedom of Information Act (5 U.S.C.
application, proposed HCP, and 552), by any party who submits a
is too small to accommodate alternate associated documents, you may submit
development configurations that would written request for a copy of such
comments by any of the methods noted documents to the following office
avoid incidental take. in the ADDRESSES section. within 30 days of the date of publication
Our Preliminary Determination of this notice (see DATES): U.S. Fish and
Public Availability of Comments
The Service has made a preliminary Wildlife Service Regional Office,
determination that approval of the HCP Before including your address, phone Ecological Services, [INSERT REGION-
and issuance of an incidental take number, email address, or other SPECIFIC ADDRESS], (Attn: [INSERT
permit qualify for categorical exclusion personal identifying information in your COORDINATOR’S NAME], Permit
under NEPA (42 U.S.C. 4321 et seq.), as comment, you should be aware that Coordinator).
provided by the Department of the your entire comment—including your Submitting comments: You may
Interior implementing regulations in personal identifying information—may submit comments by one of the
part 46 of title 43 of the Code of Federal be made publicly available at any time. following methods. Please specify
Regulations (43 CFR 46.205, 46.210, and While you may ask us in your comment applicant name(s) and application
46.215), and that the HCP qualifies as a to withhold your personal identifying number(s) to which your comments
low-effect plan as defined by the Habitat information from public review, we pertain (e.g., TE–XXXXXX).
Conservation Planning Handbook • Email: permitsR6ES@fws.gov.
cannot guarantee that we will be able to
(December 2016). Please refer to the respective permit
do so. number (e.g., Application No. TE–
We base our determination that a HCP
qualifies as a low-effect plan on the Authority XXXXXX) in the subject line of your
following three criteria: email message.
(1) Implementation of the HCP would We provide this notice under section • U.S. Mail: Ecological Services, U.S.
result in minor or negligible effects on 10 of the ESA (16 U.S.C. 1531 et seq.) Fish and Wildlife Service, P.O. Box
federally listed, proposed, and and NEPA regulations (40 CFR 1506.6). 25486–DFC, Denver, CO 80225.
candidate species and their habitats; • Hand-delivery, Pickup, or Viewing:
G. Mendel Stewart, Call 303–236–4224 to make an
sradovich on DSK3GMQ082PROD with NOTICES

(2) Implementation of the HCP would
result in minor or negligible effects on Field Supervisor, Carlsbad Fish and Wildlife appointment during regular business
other environmental values or Office, Carlsbad, California. hours between 8 a.m. and 4 p.m.
resources; and [FR Doc. 2018–04654 Filed 3–7–18; 8:45 am] Monday through Friday, except Federal
(3) Impacts of the HCP, considered BILLING CODE 4333–15–P holidays, at 134 Union Blvd., Suite 645,
together with the impacts of other past, Lakewood, CO 80228.
present, and reasonably foreseeable FOR FURTHER INFORMATION CONTACT:
similarly situated projects, would not Kathy Konishi, Recovery Permits

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Document Created: 2018-03-08 01:47:44
Document Modified: 2018-03-08 01:47:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		Written comments should be received on or before April 9, 2018.
Contact		Ms. Karen Goebel, Assistant Field
FR Citation		83 FR 9862

83 FR 9862 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan for the Coastal California Gnatcatcher and Associated Documents; Santee, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 46 (March 8, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service